Personal Injury Law
Truck Accident Lawyer
Personal Injury Law
Truck Accident Lawyer
Getting involved in a motor vehicle accident with a truck can leave you with extremely serious injuries. Other drivers or pedestrians involved in a truck accident can be severely or even fatally injured. In case of an injury, our personal injury lawyers can help you fight for your rights and secure compensation for your expensive medical care.
At Nanda and Associate Lawyers, our personal injury lawyers have a stellar track record of victories in numerous personal injury cases for more than twenty years. Take advantage of our ‘No Win, No Fee’ policy and let us fight on your behalf while you recover from your injuries. You only have to pay us if we secure fair compensation for you. Connect with our personal injury lawyers today.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What are some of the common causes of truck accidents?
In a personal injury case, it is important to determine the liability or negligence of the at-fault party in causing the accident that resulted in the victim’s injuries. There are many factors to consider when determining the liability in a truck accident. Some of them are as follows:
- Poor road or weather conditions can contribute to truck accidents. These conditions include wet surfaces or snow on the road, poor visibility, encounters with wild animals, and poorly maintained roads.
- Rash driving or speeding
- Driving under the influence. If the driver is under the influence of alcohol or drugs, their reaction time will be slower, often leading to collisions.
- Poorly trained or inexperienced drivers: Manoeuvring a big vehicle like a truck requires proper training and experience, especially when it is loaded with heavy cargo. Lack of experience or training increases the chances of human error.
- Mechanical issues: These could be faulty brakes or an engine breakdown leading to accidents.
- Poorly secured and overloaded cargo.
- Fatigue of the driver: A tired driver dozing off even for a second might cause a major accident.
- Human error: Poor judgment in yielding the right of way to the other driver and failing to slow down when making a sharp turn or when driving on snow are some of the common human errors leading to truck accidents.
If multiple factors or parties contributed to the accident, then the liability of the at-fault parties will be determined and divided proportionately.
How can a Personal Injury Lawyer help you with your claim?
Ensuring that you receive the maximum eligible compensation
In a personal injury case, having an experienced personal injury lawyer to guide you can be crucial. If you have sustained an injury in a motor vehicle accident in Ontario, you will be entitled to no-fault benefits under the Statutory Accident Benefits Scheme. And there are different levels of benefits, depending on the nature and extent of your injuries: minor, non-catastrophic and catastrophic injuries. Your lawyer can help to ensure that you have access to the appropriate level of benefits applicable in your case.
Legal representation
However, such categories or limits do not apply when you are filing a tort action against the at-fault party. It is up to the court to decide how much you will receive in the case. The representation from an experienced personal injury lawyer will ensure that the evidence substantiating your claim is properly presented in court, strengthening your case.
We can Help
Contact our personal injury lawyers for any legal support and guidance with your truck accident injury claim. Schedule an appointment with our personal injury team for a consultation today.
Frequently Asked Questions
What are the different types of compensation you can claim?
- Medical care and rehabilitation expenses: As noted above, there are different levels of benefit entitlement depending on the nature and extent of your injury and treatment requirements.
- Loss of income. You can claim damages for the income lost during the recovery and for your reduced future earnings.
- Non-earner benefits.
- Caregiver expenses.
- Housekeeping and maintenance expenses.
If the truck driver’s negligence is what caused the accident, you may initiate a tort civil suit against him or the trucking company for further damages. The court will determine compensation based on the severity of your injury.
What are some of the common injuries in truck accident claims?
- Paraplegia, quadriplegia, or such severe spinal cord injury.
- Brain injury.
- Whiplash or neck injuries.
- Multiple fractures and broken bones.
- Wrongful death, in case of a fatal accident.
Can I pursue both a civil tort suit and an accident benefits claim?
Yes. You can pursue both options for the same injury. This will be your best option to maximize your compensation. Please note that you need to notify your own insurance company of your intention to pursue a claim under the Statutory Accident Benefits Scheme within seven days of the accident. So, you need to pursue the insurance claim soon after the incident. Also, you are likely to receive some amount as insurance benefits before you see any resolution to your civil suit in court. Let our personal injury lawyer guide you in the legal options most suited to your case.
Can I bring legal action against multiple parties?
Yes. You may sue multiple parties if you can prove that their acts of negligence contributed to the accident. These could include:
- The driver of the truck, if the accident was caused by negligent driving.
- The trucking company that employed the negligent driver.
- The manufacturer of the truck, if the accident was caused by a mechanical defect in the vehicle.
- The company responsible for the truck maintenance.
- If the poorly loaded cargo was the cause of the accident, you may sue the company responsible for loading it.
What if I am partially at fault in the accident?
The cause of an accident is sometimes hard to judge, and in some cases, both parties could be at fault to some extent. You can still proceed with your civil suit even if you are partly responsible since Canadian law operates under the principles of contributory negligence. This means that depending on how much you contributed to the accident, a certain percentage will be reduced from your eligible compensation. A common example often cited is of a two-wheeler colliding with a truck. In such a collision, the motorcycle rider will be severely injured. However, if it were to be proven in court that he was not wearing a helmet as required by the law, then he would be eligible to receive only a reduced amount of compensation. The judge might decide that he contributed at least 30% to the accident and subsequently award him only 70% of the compensation. In short, taking legal action is worth it even if you’re partially at fault.
What if I cannot afford to hire a personal injury lawyer?
Even when you cannot afford to hire a personal injury lawyer, it is still possible to engage one on a contingency basis. This means that they will represent you without any upfront fees. Their legal fees and expenses will be settled only if they successfully secure the compensation for you in the case, and this amount will be deducted from the damages awarded.
